modations are no longer used as temporary emergency shelters, the agency shall set initial rents pursuant to subdivision one-c of this section and the units shall thereafter become subject to the provisions of such subdivision. ] § 2. Subdivision 1-c of section 405 of the private housing finance law, as added by chapter 449 of the laws of 1986, is amended to read as follows: 1-c. Except with respect to dwelling accommodations subject to subdivision one-a or one-b of this section, notwithstanding the provisions of subdivision one of this section or any regulation promulgated pursuant to the emergency housing rent control law, the local emergency housing rent control act, the emergency tenant protection act of nineteen seventy-four, or any local law enacted pursuant thereto, upon completion of the rehabilitation of a multiple dwelling which is aided by a loan pursuant to this article made by the municipality on or after September first, nineteen hundred eighty-six, the agency shall establish the initial rent for each rental dwelling unit within the multiple dwelling. All dwelling units within the multiple dwelling subsequent to establishment of initial rents by the agency shall be subject to the rent stabilization law of nineteen hundred sixty-nine. The occupant in possession of such a dwelling unit when it is made subject to the rent stabilization law of nineteen hundred sixty-nine shall be offered a choice of a one or two year lease at the initial rents established by the agency notwithstanding any contrary provisions of, or regulations adopted pursuant to, the rent stabilization law of nineteen hundred sixty-nine and the emergency tenant protection act of nineteen seventy-four. The agency shall cause all tenants in occupancy of each dwelling unit affected by the provisions of this section to be notified of and have an opportunity to comment on the contemplated rehabilitation. Such notification shall advise such tenants of the approximate expected rent increase and the subsequent availability of a one or two year lease. Such notification and opportunity to comment shall be provided before the rehabilitation and again after the construction is completed and before the establishment of the initial rents[, provided, however, that in the case of a building converted from a temporary emergency shelter into permanent housing, it shall be prior to such conversion]. § 3. Section 5 of chapter 449 of the laws of 1986 amending the private housing finance law, relating to establishing initial rents in respect of certain loans to owners of existing multiple dwellings, as amended by chapter 250 of the laws of 1988, is amended to read as follows: § 5. This act shall take effect immediately; provided that the provisions of sections one, two and four of this act shall remain in full force and effect until and including June thirtieth, nineteen hundred [ninety-three] ninety-eight, provided further that dwelling units made subject to the rent stabilization law of nineteen hundred sixty-nine pursuant to such sections of this act shall continue to remain subject to such law. § 4. This act shall take effect immediately. CHAPTER 821 AN ACT to amend the not-for-profit corporation law, in relation to the wrongful removal of a monument Became a law August 7, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Section 1510 of the not-for-profit corporation law is amended by adding a new paragraph (1) to read as follows: (1) Removal of monument. No person or organization shall remove a monument without authorization in the form of a court order from a court of competent jurisdiction, or without the written authorization of the owner of a burial plot, or the lineal descendants of the deceased, if such owner or lineal descendants are known, and without obtaining written approval from a duly incorporated cemetery association, which association shall keep a record of all such written approvals. The provisions of this section shall not prohibit the removal, in accordance with rules and regulations promulgated by the secretary of state, of a monument for the purpose of repair, nonpayment or adding inscriptions authorized by a cemetery association or as permitted in this article. A violation of any provision of this paragraph shall be punishable by a fine not to exceed five hundred dollars. as § 2. This act shall take effect on the first day of November next succeeding the date on which it shall have become a law. CHAPTER 822 AN ACT to amend chapter 824 of the laws of 1987 relating to the New York city transit corps of engineers program, in relation to criteria for participation and the effective date thereof Became a law August 7, 1992, with the approval of the Governor. The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Subdivision (a) of section 3 of chapter 824 of the laws of 1987 relating to the New York city transit corps of engineers program is amended to read as follows: (a) The transit corps of engineers program is hereby established to be a tuition reimbursement program of the New York city transit authority. Such program shall be administered by the president of the authority in cooperation with the higher education services corporation. Participants in the corps shall be selected from upper division students who are matriculated in programs recognized by the accreditation board for engineering and technology leading to degrees and licensure in engineering and related technologies in colleges and universities in New York state and from persons currently employed at the New York city transit authority. Participants shall be selected pursuant to criteria established by the authority in cooperation with the higher education services corporation, such criteria to include agreements to four years of service performing engineering or related technology duties with the authority, subsequent to graduation, pursuant to service agreements in a form to be developed by the authority and approved by the corporation. § 2. Section 7 of chapter 824 of the laws of 1987 relating to the New York city transit corps of engineers program, as amended by chapter 465 of the laws of 1989, is amended to read as follows: § 7. This act shall take effect immediately and shall expire and be deemed repealed on [January] July 1, [1993] 1997. § 3. This act shall take effect immediately. EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law CHAPTER 823 AN ACT in relation to directing the commissioner of mental health and the commissioner of mental retardation and developmental disabilities to report on all relevant state statutes and regulations regarding the development and placement of residential programs for individuals with mental illness or developmental disabilities and directing the commissioner of social services to report on the status of the statewide registry of community residential facilities and to amend the mental hygiene law, in relation to community residential facilities for disabled The Became a law August 7, 1992, with the approval of the Governor. the People of the State of New York, represented in Senate and Assenbly, do enact as follows: Section 1. To ensure that all residential programs are developed in a manner that meets the needs of individuals with mental illness and individuals with developmental disabilities and the communities that these programs are placed in, the commissioner of mental health and the commissioner of mental retardation and developmental disabilities are directed to conduct a review of all relevant state and federal statutes and state policies and regulations regarding the development and placement of residential programs for individuals with mental illness or developmental disabilities. Such review shall be undertaken in consultation with representatives of providers, consumers and family members of individuals with mental illness and developmental disabilities and representatives of local governments and municipalities. Additionally, the study shall contain data regarding estimates of the number of people who will be discharged from state institutions in the next five years including their expected residential needs and include estimates of the expected need for appropriate residential opportunities for individuals already residing in in the community. In this review, the commissioners shall consider whether the process of developing residential programs: 1. conforms with state and federal human rights and civil rights laws; 2. has sufficient oversight regarding resident safety, the availability of necessary support services, and conformance with appropriate building codes; 3. includes steps taken to ensure that residential programs are amicably and fully integrated into their surrounding communities; 4. is achieved efficiently with sufficient cost controls to ensure that purchase prices and developmental costs are restricted to reasonable levels; 5. is distributed throughout the the state, so that programs are not concentrated in certain localities, and so that municipalities, or certain areas of municipalities, are not over saturated with these programs; and 6. can provide smaller more home-like community residential facilities in a cost-effective manner. The commissioners shall submit a report to the governor, the speaker of the assembly and the temporary president of the senate no later than May 1, 1993 which shall describe any steps taken to achieve these objectives, and recommendations for any additional statutory or administrative actions that should be taken. § 2. The commissioner of social services, in consultation with the commissioners of mental health and mental retardation and developmental disabilities and all other relevant state agencies, are directed to review the statewide registry of community residential facilities established pursuant to section 463-a of the social services law and report to the governor, the speaker of the assembly and the temporary president of the senate no later than May 1, 1993 on the status of the registry. The report shall evaluate how current and complete the information in the registry is, and provide recommendations for improving the system, including an estimate of any potential increase in cost required by such recommendations. § 3. Subparagraph (C) of paragraph 1 of subdivision (c) and subdivision (e) of section 41.34 of the mental hygiene law, as amended by chapter 1024 of the laws of 1981, are amended to read as follows: (C) object to the establishment of a facility of the kind described by the sponsoring agency because to do so would result in such a concentration of community residential facilities for the mentally disabled in the municipality or in the area in proximity to the site selected or a combination of such facilities with other community residences or similar facilities licensed by other agencies of state government, including all community residences, intermediate care facilities, residential care facilities for adults and residential treatment facilities for dividuals with mental illness or developmental disabilities operated pursuant to article sixteen or article thirty-one of this chapter and all in similar residential facilities of fourteen or less residents operated or licensed by another state agency, that the nature and character of the areas within the municipality would be substantially altered. (e) (1) A licensing authority shall not issue an operating certificate to a sponsoring agency for operation of a facility if the sponsoring agency does not notify the municipality of its intention to establish a program as required by subdivision (c) of this section. Any operating certificate issued without compliance with the provisions of this section shall be considered null and void and continued operation of the facility may be enjoined. (2) The office of mental health and the office of mental retardation and developmental disabilities shall not issue an operating certificate for the operation of a supportive living facility or a supervised living facility of more than fourteen residents if the agency or unit of government, voluntary agency or any other person or organization which intends to establish or operate such a facility does not notify the chief executive officer of the municipality in which that facility is to be established in writing of the intention to establish such facility and include in such notice the specific address of the site, the type of residence, the number of residents and the community support requirements of the program; provided, however, that nothing contained in this paragraph shall either be construed to require facilities of more than fourteen beds to meet any other requirement of this section, or to deem such facilities family units for the purposes of local laws and ordinances. § 4. This act shall take effect on the sixtieth day after it shall have become a law, provided however, it shall not apply to residential facilities for which, in the judgment of the commissioner of mental health, sites were selected prior to such effective date. CHAPTER 824 AN ACT to amend the arts and cultural affairs law, in relation to estab- Became a law August 7, 1992, with the approval of the Governor. af The People of the State of New York, represented in Senate and Assembly, do enact as follows: Section 1. Article 9 of the arts and cultural affairs law is repealed and a new article 9 is added to read as follows: EXPLANATION-Matter in italics is new; matter in brackets [ ] is old law ARTICLE 9 NEW YORK STATE THEATRE INSTITUTE CORPORATION Section 9.01* Legislative findings and declaration. 9.05. New York state theatre institute corporation. 9.09. Administration. 9.11. General powers and duties of the corporation. 9.15. Cooperation and assistance of other agencies. § 9.01. Legislative findings and declaration. The legislature hereby finds and declares that the legislative findings set down upon the creation of the empire state youth theatre institute pursuant to chapter eight hundred twenty-six of the laws of nineteen hundred seventy-four, continue to be valid and hereby reaffirms and restates these findings: 1. The arts are a motivating force in our schools and in our society. They are a sensitizing experience for a fuller life and a complement to the skills of reading, writing and mathematics. 2. The use of creative arts for children and youth within the educational structure has been shown to increase student success in all disciplines and to encourage emotional growth. 3. Teachers should be experienced in the use of arts and theatre techniques in reaching and working with children and young people, as well as be prepared in the use of community cultural and human resources. The legislature further finds that there should be a state theatre institute dedicated to bringing arts in education to the children and young people of this state. It is further found that such state theatre institute should embody a model theatre and education program for the children of New York state and should symbolize the commitment of the people of the state of New York to the maintenance and development of theatre and education for children and young people while making programs of such theatre institute accessible to the general public. It is further found that such state theatre institute should establish affiliations with public and private schools, institutions of higher learning and arts centers to assure delivery of its services to young people throughout the state. It is therefore found and declared that these findings can best be met through the establishment of a public benefit corporation to be known as the New York state theatre institute corporation and the powers and duties of the corporation defined in this article are necessary and proper for the achievement of these ends. § 9.03. Definitions. As used in this article: 1. "Corporation" shall mean the New York state theatre institute corporation created by this article. 2. "Agency" means any state board, body, bureau, commission, council, department, public authority, public corporation, division, office or other governmental or proprietary function for the state. $9.05. New York state theatre institute corporation. The empire state youth theatre institute is continued and reestablished and reconstituted as the New York state theatre institute corporation. 9.07. Objectives. The New York state theatre institute corporation shall: 1. Establish a theatre and education program for the children, youth and educators of New York state, to include the performing and visual media while emphasizing diversity, multi-culturalism and assuring access to and involvement of the disabled; as 2. Offer New York state elementary and secondary school teachers inservice training in the use of theatre arts as a community resource, a complement to all other areas of education, and as an extension of classroom curriculum; 3. Offer accredited interships† in theatre arts education to students being trained as teachers and artists by both public and private institutions of higher learning; 4. Offer opportunities for high school and college level students from private and public institutions of higher learning to participate in the So in original. (Period inadvertently omitted.) So in original. ("interships" should be "internships".) |